Steve Greenleigh 9) - 2 - It can be assumed that the Enewetak people have a strong desire to return to the island of Enjebi regardless of the exposure levels projected. 10) A dose assessment of the Enewetak situation currently is in progress. 11) DOE has been requested by Mr. Mitchell to discuss the dose assessment, together with the associated risk, with the people of Enewetak (and their legal and scientific consultants), so that the people, based upon "fully informed judgment" will decide for themselves whether or not to accept an exposure and risk greater than the EJS recommendation or U.S. criteria. This meeting is expected to occur within the next 2-3 months. (CBS's "60 Minutes" also will be present at this meeting, as will numerous other interested parties.) 12) The statement has been made repeatedly that we will provide dose estimates to the people and to Interior, but that other factors may enter the risk/benefit assessment in determining Interior's position with respect to the resettlement of Enjebi (e.g., comparative risks, the value to a people of their homeland). 13) As a Federal agency we have thus far felt constrained to compare our dose assessments to FRC guidance (now EPA guidance) and to the recommendation which EPA considers “upper limits." 14) Ted Mitchell is expected to argue that: a. U.S. criteria, much Jess the EIS recommendation, should b. Even if it does apply, the people should be free to accept a higher risk. c. d. not apply to this situation. Should the people return to Enjebi, even against the advice of the U.S., the U.S. must share the higher risk and be liable for any ensuing health consequences. If the people are denied access to Enjebi, the U.S. Government should compensate them for land deprivation and/or for imposing U.S. criteria. Since the applicability and legal standing of the FRC and Federal guidance. yis a vis this specific situation is likely to be challenged by Ted Mitchell both at the meeting at Enewetak and subsequently either before the Congress or in a Federal court, it is requested that OGC: a) provide jegal counsel to EV in these matters, b) provide a person familiar with the legal background and intent of radiation exposure guidance/criteria, and c) provide a person to accompany DOE to the meeting prepared to respond to and address any legal issues of this nature that may be raised. ryeseat